Recent Cases

Kalloghlian v Mitry [2023] NSWCA 198 (29 August 2023) (Gleeson, Mitchelmore and Adamson JJA)


COSTS — Party/Party — Orders against non-parties — Personal costs orders against lawyers — where applicant was defendant/cross-claimant in substantive proceedings resolved by consent — where motion seeking personal costs order against solicitor dismissed — where case below put on basis that defence was woefully prepared — where case on appeal put on basis that lawyer omitted to advise applicant that claim should never have been defended — whether s 99 of the Civil Procedure Act 2005 (NSW) satisfied — whether correct test applied